Kerala High Court
Salim vs The State Of Kerala on 24 October, 2024
2024:KER:79470
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
WP(C) NO. 42906 OF 2023
PETITIONER:
SALIM,
AGED 59 YEARS
S/O MOIDHEEN KUNJ, HILL VIEW,
POOTHANPARA,ARUVIKARA P.O,
THIRUVANANTHAPURAM., PIN - 696665
BY ADVS.
ABRAHAM MATHEW (VETTOOR)
ANIL ABEY JOSE
VISHNUJA P.M.
RESPONDENTS:
THE STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
1 GOVERNMENT, REVENUE DEPARTMENT, GOVT.
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM,
COLLECTRATE, 2ND FLOOR, CIVIL STATION BUILDING,
2 CIVIL STATION ROAD, THIRUVANANTHAPURAM, PIN -
695043
THE REVENUE DIVISIONAL OFFICER NEDUMANGADU
REVENUE DIVISIONAL OFFICE NEDUMANGADU,
NEDUMANGADU P.O, THIRUVANANTHAPURAM.,
3 PIN - 695541
WP(C) NO. 42906 OF 2023 2
2024:KER:79470
TAHASILDAR,
NEDUMANGAD TALUK,NEDUMANGAD P.O.,
4 THIRUVANANTHAPURAM, PIN - 695541
THE CONVENER
LOCAL LEVEL MONITORING COMMITTEE (LLMC)
(AGRICULTURAL OFFICER, KRISHIBHAVAN),
5
ARUVIKKARA P.O., THIRUVANANTHAPURAM.,
PIN - 696665
THE VILLAGE OFFICER,ARUVIKARA,
ARUVIKKARA VILLAGE OFFICE,ARUVIKARA
6
P.O,THIRUVANANTHAPURAM, PIN - 696665
BY ADV
SMT.DEVI SHRI R., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 42906 OF 2023 3
2024:KER:79470
MOHAMMED NIAS C.P., J.
--------------------------------------------
W.P(C) No. 42906 of 2023
--------------------------------------------------------
Dated this the 24th day of October, 2024
JUDGMENT
Petitioner challenges Ext.P13 order passed in an
application filed by him under Form 5 of the Kerala Conservation
of Paddy Land and Wet Land Act, 2008. Reading of Ext.P13 clearly
shows there is a total lack of application of mind and none of the
relevant aspects required under the Act and Rules were
considered. The KSREC report in the instant case shows that the
property in question was observed under mixed
vegetation/plantation/trees in the data of years 2007, 2010 and
2016. In addition to the existing land use pattern, a
building/structure was observed towards the northwest corner in
2021 data. Ext.P13 order does not even refer to the KSREC report.
There is no finding that the plot in question is paddy land or
cultivable land.
2. The learned counsel for the petitioner cites the
judgment of this Court in Aparna Sasi Menon v. Revenue
Divisional Officer, irinjalakuda [2023 (6) KHC 83] which held
that the existence of water chals in the property is a prime
2024:KER:79470
consideration in deciding whether the land is to be retained in the
data bank. It was held that the absence of a finding that water
chals found in the land are indispensable for paddy cultivation in
the nearby areas, or that it was feasible and viable to cultivate the
land with paddy, the application could not have been rejected.
3. Going by the provisions of the Kerala Conservation of
Paddy Land and Wetland Act, 2008, "paddy land" is defined as all
types of land situated in the State where paddy is cultivated at
least once in a year or suitable for paddy cultivation but
uncultivated and left fallow, and includes its allied constructions
like bunds, drainage channels, ponds and canals. As per Sec.5(4),
the Local Level Monitoring Committee have the power to prepare
the data bank with the details of the cultivable paddy land and
wetland, within the area of jurisdiction of the Committee, with the
help of the map prepared or to be prepared by the State Land Use
Board or Centre-State Science and Technology Institutions on the
basis of satellite pictures by incorporating the survey numbers and
extent in the data-bank and get it notified by the concerned
Panchayat/Municipality/Corporation, in such manner. A reading of
the above would show that, what is to be included in a data bank
are the details of the cultivable paddy land and wetland. Of
course, taking note of the definition of paddy land as mentioned
above, such an exercise to find out whether a property is a paddy
2024:KER:79470
land or whether it is cultivable or non-cultivable has to be
ascertained taking into account the natural features of the land
whether it is fit for cultivation or not. The most relevant aspect
therefore is to find whether the land is fit for paddy cultivation.
In the result, Ext.P13 cannot be sustained and is
quashed. There will be a direction to the 3 rd respondent or the
officer authorised under Section 2(XVA) of the Act, to reconsider
the Form-5 application submitted by the petitioner in the light of
the KSREC report, the report of the Agricultural Officer and strictly
in terms of the Act and Rules bearing in mind the principles stated
above. Fresh orders shall be passed after re-consideration within
three months from the date of receipt of a copy of this judgment.
Accordingly, Ext, P13 order is quashed and the writ
petition is allowed.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
MSA
2024:KER:79470
APPENDIX OF WP(C) 42906/2023
PETITIONER EXHIBITS
A TRUE COPY OF THE BASIC TAX RECEIPT
NO.KL01030209078/2023 ISSUED TO THE
Exhibit P1
PETITIONER DATED 06-06-2023
A TRUE COPY OF A POSSESSION CERTIFICATE
ISSUED TO THE PETITIONER DATED
Exhibit P2
12-08-2021
A COPY OF EXTRACT OF THANDAPER ACCOUNT
NO.3091 OF ARUVIKARA VILLAGE DATED
Exhibit P3
12-08-2021
A TRUE COPY OF LOCATION CERTIFICATE
ISSUED TO THE PETITIONER DATED
Exhibit P4
12-08-2021
A TRUE COPY OF LOCATION SKETCH ISSUED
Exhibit P5 BY THE VILLAGE OFFICER, ARUVIKARA
PHOTOGRAPHS SHOWING THE PRESENT NATURE
Exhibit P6 OF THE RECLAIMED PROPERTY.
A TRUE COPY OF THE APPLICATION FOR
CONVERSION OF CATEGORY OF LAND MADE BY
Exhibit P7 THE PETITIONER BEFORE THE 5TH
RESPONDENT
A TRUE COPY OF AN ENQUIRY REPORT
SUBMITTED BY THE VILLAGE OFFICER DATED
Exhibit P8
12-08-2021
A TRUE COPY OF ENQUIRY REPORT SUBMITTED
BY THE VILLAGE OFFICER TO THE 3RD
Exhibit P9
RESPONDENT DATED 12-08-2021
Exhibit P10 A TRUE COPY OF REPORT SUBMITTED BY THE
5TH RESPONDENT BEFORE THE 3RD
RESPONDENT DATED 11-09-2020
2024:KER:79470
A TRUE COPY OF THE PHOTOGRAPH SHOWING
THE IMPROVEMENTS MADE BY THE PETITIONER
Exhibit P11
IN THE PROPERTY UNDER EXT.P2 TO P4.
A TRUE COPY OF THE REPORT SUBMITTED BY
Exhibit P12 THE KSREC
A TRUE COPY OF THE PROCEEDINGS OF THE
3RD RESPONDENT UNDER NO.G1-8071/19/K-
Exhibit P13
DIS DATED 06-04-2022
RESPONDENT EXHIBITS
TRUE COPY OF DATA BANK
EXHIBIT R3(a)
